Chapter 17.60 — APPLICATIONS, PROCESSING, AND FEES

This chapter provides procedures and requirements for the preparation, filing and processing of applications for land use permits and other entitlements required by this chapter.

(Code 1990, § 17.60.010; Ord. No. 14-02, § 4, 3-19-2014)

Table 17.60.030 identifies the Town official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this chapter.

(Code 1990, § 17.60.020; Ord. No. 14-02, § 4, 3-19-2014)

When a single project incorporates different land uses or features so that this chapter requires multiple land use permit applications, or the project involves a land use permit application and a tentative map, all the applications shall be reviewed, and approved or denied, concurrently by the highest level review authority assigned by Table 17.60.030 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a use permit shall be reviewed, and approved or denied by the Council, where a use permit application by itself would normally be reviewed and acted upon by the Commission.)

Table 17.60.030. Review Authority

Type of Permit or Decision Refer to Chapter Role of Review Authority 1 Director 2 Planning and Economic Development Commission Town Council

1 The term "recommend" means that the review authority makes a recommendation to a higher decision-making body; the term "decision" means that the review authority makes the final decision on the matter; the term "appeal" means that the review authority may consider and decide upon appeals of an earlier decision, in compliance with Chapter 17.100.

2 The Director may refer any matter subject to his/her decision to the Commission, so that the Commission may instead make the decision.

(Code 1990, § 17.60.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 2022-01, § 3(exh. B, § c.), 1-19-2022)

(a)

Application contents. The preparation and filing of applications for land use permits, amendments (e.g., general plan, Zoning Map, or chapter), and any other matters pertaining to this chapter shall comply with the following requirements:

(1)

Applications shall include the forms provided by the Department, and all information and materials required by the application requirements list provided by the Department for the specific type of application;

(2)

Applications shall be filed with the Department; and

(3)

It is the applicant's responsibility to provide evidence in support of the findings required for the approval of the application by this chapter.

(b)

Eligibility for filing. Applications may be made by the owner of the subject property, by a lessee, or any other person, with the written consent of the property owner.

(c)

Time for filing. Any land use permit required by this chapter shall be filed with the Director, processed and approved before the approval of any building, grading, or other construction permit or other authorization required by this Code or this chapter for the proposed use or structure.

(d)

Concept review. Prospective applicants and agents are encouraged to request a concept review prior to completion of project design and the formal submittal of a permit application. A request by an applicant for concept review, accompanied by preliminary project plans and designs, will be reviewed by the Planning Division, the Commission, and, in some cases, the advisory design panel. The Planning Division will inform the applicant of Town requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, based on identified development standards and other adopted policies and regulations, and identify technical studies that may be necessary for the environmental review process when a formal application is filed.

(Code 1990, § 17.60.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Fee schedule. The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this chapter. The schedule of fees may be changed or modified only by resolution of the Council.

(b)

Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. Failure to timely pay required fees or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this chapter. Processing shall not commence on any application until all required fees have been paid.

(c)

Refunds and withdrawals. Recognizing that filing fees cover the costs of public hearings, posting, transcripts, and staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the Council in compliance with Chapter 17.100. In the case of a withdrawal, the Director may authorize a partial refund based upon the Director's determination of pro- rated costs to-date and the status of the application at the time of withdrawal.

(d)

Cost accounted projects. All direct costs of processing, reviewing, reporting, hearing, and acting upon applications shall be borne by the applicant. Costs shall be reimbursed to the Town whether the application is approved, approved in modified form, or denied by the hearing body. An initial deposit shall be required by the Town based upon an estimate of the municipal costs associated with processing, including pre- application meetings. The Town shall then charge its expenses against the deposit. If funds deposited are insufficient to cover the Town's costs, work on the application shall cease until adequate funds are deposited or Town expenditures are fully reimbursed. Adequate notice shall be given to the applicant when insufficient funds are remaining to process the application.

(e)

Development agreements. The applicant shall pay the fees and charges established by the Town Council for the filing and processing of a development agreement. Additionally, appropriate fees may be established and collected for periodic reviews conducted by the Town in compliance with State law and Section 17.104.090.

(Code 1990, § 17.60.050; Ord. No. 14-02, § 4, 3-19-2014)

All applications filed with the Department in compliance with this chapter shall be initially processed as follows:

(1)

Completeness review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete for processing.

a.

Notification of applicant. The applicant shall be informed as required by State law, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

b.

Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 17.100.

c.

Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Subsection (3) of this section.

d.

Expiration of application. If the applicant does not provide sufficient information to complete an application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless an extension is granted by the Director. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property, may then be filed in compliance with this article.

(2)

Referral of application. At the discretion of the Director, or where otherwise required by this chapter, State or Federal law, any application filed in compliance with this chapter may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(3)

Environmental assessment.

a.

All development applications shall be reviewed as required by the California Environmental Quality Act, Public Resources Code § 21000 et seq., (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.

b.

These determinations and, where required, the preparation of environmental documents shall comply with the CEQA guidelines.

(Code 1990, § 17.60.060; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Project review procedures. Each application shall be analyzed by the Director to ensure that the proposed uses/activities and development are consistent with the content, purpose, and intent of this chapter, any applicable design guidelines, the CEQA guidelines, the general plan, and any applicable specific plan. Additionally, any application which may involve substantial grading shall require the submittal of preliminary grading plans for review and recommendation by the Town Engineer.

(b)

Notice and hearings. A land use permit application will be scheduled for a public hearing only after the Director has determined the application complete, in compliance with Section 17.60.060(1). Noticing of the public hearing will be given in compliance with Chapter 17.120.

(Code 1990, § 17.60.070; Ord. No. 14-02, § 4, 3-19-2014)

The decision of the Director or Commission, as applicable, shall be considered final unless an appeal is filed in compliance with Chapter 17.100. The decision of the Director or Commission, or any condition of approval, is appealable to the Council.

(Code 1990, § 17.60.080; Ord. No. 14-02, § 4, 3-19-2014)

The following procedures shall apply following the approval of the permit or entitlement:

(1)

Expiration and extensions. Time limits for the expiration of approved land use permits, and procedures for obtaining extensions of time are established by Chapter 17.64.

(2)

Phasing. Requirements for the development of approved projects in multiple phases are established by Chapter 17.64.

(3)

Building permit. Building permits may be issued after all applicable terms and conditions of the land use permit approval have been satisfied. Any land use permit issued in compliance with this chapter shall conform to all applicable provisions of this chapter.

(4)

Certificate of Occupancy. The Certificate of Occupancy may be issued after all conditions have been fulfilled to the satisfaction of the Director.

(5)

Minor changes. The Director may approve minor changes (e.g., colors, elevations, exterior materials, hours of operation, landscaping, walls/fences, etc.) to required conditions and operating standards of an approved land use permit. The minor changes shall be in compliance with Section 17.64.070.

(6)

Major changes. The original review authority may approve major changes to required conditions and operating standards of an approved permit or entitlement, in compliance with Section 17.64.070. The requirements and procedures contained in this chapter shall apply to any application for a major change, which shall constitute a project requiring environmental review under CEQA.

(7)

Revocation. The original review authority may revoke or modify a land use permit approval in compliance with Chapter 17.124.

(Code 1990, § 17.60.090; Ord. No. 14-02, § 4, 3-19-2014)